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Supreme Court Allows CBI Appeals in PC Act Cases: Consent Under Section 6 DSPE Act Not Required for Investigation of Central Government Employees; Notification Under Section 3 PC Act Not a Condition Precedent for Trial by Special Judge.

The Supreme Court of India heard two appeals filed by the Central Bureau of Investigation (CBI) against a common judgment of the High Court of Andhra ...

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High Court of Karnataka Allows Release of Seized Vehicle in NDPS Case — Owner Not Accused, No Confiscation Proceedings Initiated. Vehicle Owner Entitled to Interim Custody Under Section 457 Cr.P.C. Pending Trial, Subject to Conditions Including Bank Guarantee of Rs. 1,00,000.

The petitioner, Kawal Jeet Kaur, is the registered owner of a vehicle (a truck) that was seized by the Excise Range Office, Indi, in Crime No. 105/202...

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High Court of Karnataka Grants Bail to Accused in NDPS Case Due to Non-Compliance with Section 52A and Delay in Trial. The court held that failure to comply with mandatory provisions of Section 52A of NDPS Act and prolonged incarceration without trial justified bail despite Section 37 restrictions.

The petitioner, Shivaraj Urs, was the second accused in a case registered by the Narcotics Control Bureau (NCB) under the Narcotic Drugs and Psychotro...

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High Court of Karnataka Acquits Deputy Commissioner of Excise in Corruption Case — Demand and Acceptance of Bribe Not Proved Beyond Reasonable Doubt. Conviction under Sections 7, 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 set aside due to unreliable trap witnesses and lack of corroboration.

The appellant, Shivananda Bankolli, was the Deputy Commissioner of Excise at Mysore. He was convicted by the Principal Sessions Judge & Special Judge,...

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High Court of Karnataka Quashes FIR Against Company Official in Cheating Case Due to Illegal Arrest and Lack of Sanction Under Section 197 CrPC. Arrest by Police Officers Not on Deputation Held Unconstitutional.

The petitioner, Sri Srinath Mangalore, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code...

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Bombay High Court Dismisses Revenue Appeals in Service Tax on Maintenance Charges — Management, Maintenance or Repair Service Not Attracted. Amounts collected as maintenance charges for upkeep of apartment premises are not subject to service tax under the Finance Act, 1994.

The judgment involves three appeals filed by the Commissioner of Service Tax/Central Excise against orders of the Customs, Excise & Service Tax Appell...

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High Court of Karnataka Grants Bail to Accused in Money Laundering Case Under PML Act. Petitioner, a first-time offender with no criminal antecedents, granted bail subject to stringent conditions including bond, surrender of passport, and weekly reporting to ED.

The petitioner, Shri S.C. Jayachandra, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail in Case...

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Bombay High Court Dismisses Appeal by Partnership Firm and Partner Against Penalty Under Customs Act — Double Jeopardy Plea Rejected. Penalty on firm and partner under Section 112 of Customs Act, 1962 is permissible as firm is a separate entity for penalty purposes.

The appeal arose from an order of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) dated 12 February 2004, which reduced penalties impo...

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Bombay High Court Dismisses Appeal by Complainant in NDPS Case Due to Non-Compliance with Section 42. Search Conducted Without Recording Information and Without Gazetted Officer or Magistrate Held Illegal, Acquittal Upheld.

The appeal was filed by the original complainant, an Assistant Collector of Central Excise and Customs, Pune, challenging the judgment and order dated...